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Steps To Take in Filing a Slip and Fall Claim in New Mexico

Steps To Take in Filing a Slip and Fall Claim in New Mexico

Shapiro Law Team April 8, 2024 Personal injury,Safety

Everyone slips and falls, but unfortunately, some may sustain major injuries. If you slip and fall on a federally owned or private property, liability typically falls on the property owner. That being said, there are some exceptions. Slips and falls can cause life-long pain and trauma; if you’ve experienced a slip and fall accident, don’t hesitate to contact us at Shapiro Law Team

Let’s look at what constitutes a slip and fall and what steps you need to take when filing a claim.

Understand What Constitutes a Slip and Fall Claim in New Mexico?

A person can file a slip and fall claim if a hazardous condition on someone else’s property caused the fall. In New Mexico, property owners have a duty to maintain safe premises and to warn visitors of any known dangers. If they fail to do so while having known about the hazardous condition, the injured party may have grounds for a slip and fall claim.

Immediate Actions To Take Following a Slip and Fall Incident

In many cases, people who slip and fall simply brush themselves off and are on their way. In other cases, people may experience injuries like head trauma, broken bones, and even lacerations. 

There are several steps you should take after the accident to protect your rights and strengthen your claim:

Seek Medical Attention

Above all else, always seek medical care from a professional. Even if your injuries seem minor, it’s important to seek medical care to document your injuries—and remember, concussion symptoms may not show up for several days following the accident.

Report the Incident

Notify the property owner, manager, or supervisor of the accident as soon as possible. Request that they document the incident in writing. You should also contact law enforcement so they can make an official police report. This report will only help build your case.

Document the Scene

It pays to have a camera in your pocket at all times. Pull out your phone and take photographs or videos of the accident scene. Include the hazardous condition that caused your fall and any visible injuries you sustained. Also jot down the time, location, and what caused the fall.

Gather Witness Information

It’s hard to get the full story when you don’t see it for yourself. That’s where witnesses come in. If there were any witnesses to the incident, collect their names and contact information. Their statements may be valuable in supporting your claim.

Preserve Evidence

Evidence is key in securing maximum compensation. Keep any clothing or shoes worn at the time of the accident, as well as any medical records or bills related to your injuries. Obtaining any security camera footage is also beneficial.

Caution sign of wet floor at a shopping store lane

Gathering Evidence for Your Slip and Fall Claim

As mentioned, evidence is vital for establishing liability and proving the extent of your damages in a slip and fall claim. An experienced personal injury attorney can help you gather evidence while you recover; types of evidence may include:

Understanding New Mexico’s Comparative Negligence Rule

Unlike many states, New Mexico follows a pure comparative negligence rule, which means that if you are partially responsible for your slip and fall accident, your compensation may be reduced. 

For example, if you were 60% responsible for your slip and fall accident that resulted in $10,000 in damage, the other party could be responsible for the remaining 40%.

The Importance of Legal Representation in Filing a Claim

Navigating the legal process of filing a slip-and-fall claim can be hard, especially when dealing with insurance companies and property owners while also trying to recover from injuries. An experienced personal injury lawyer from Shapiro Law Team helps by conducting an investigation of your accident, negotiating with insurance on your behalf, and advocating for fair compensation. 

Filing Your Slip and Fall Claim: The Process

If you’ve been injured in a slip and fall accident in New Mexico, the first step in filing a claim is to contact a reputable personal injury law firm like Shapiro Law. Our experienced attorneys will review the details of your case and advise the best course of action.

Once we take on your case, we’ll get to work on gathering evidence, negotiating with insurance companies, investigating the scene, and obtaining expert opinions—all while you recover from your injuries. If a fair settlement can’t be met, we will take your case all the way to trial.

What To Expect After Filing a Slip and Fall Claim

Once your slip and fall claim has been filed, you can expect your attorney to continue investigating your case and communicate with insurance adjusters. Representing yourself is hard, but that’s why our team offers superior representation on your behalf. We’ll negotiate a fair settlement that fully compensates for your injuries, lost wages, and pain and suffering.

Call for a Free Consultation From Shapiro Law Team

Slip and fall accidents can happen in the blink of an eye. From broken bones to traumatic head injuries, a lot can change in a matter of seconds. Instead of facing your case alone, let the experienced attorneys at Shapiro Law fight for your rights. Let’s get your life back on track; call us today to schedule your free consultation.

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